MELVIN JOSEPH AND ANR. Vs. JAYANANDAKUMAR AND ORS.

JUDGEMENT

(1.) The main prayer in this Original Petition (Civil) filed under the enabling provisions in Article 227 of the Constitution of India is as follows:

(2.) Heard Sri.R.S.Kalkura, learned counsel for the petitioners/defendants, Smt.Surya Binoy, learned Standing Counsel appearing for K.S.F.E., appearing for official respondents 2, 4 and 5 and Sri.M.I.Johnson, learned Senior Government Pleader appearing for respondent No.3. In the nature of the orders proposed to be passed in this petition, notice to the 1st respondent (plaintiff) will stand dispensed with.

(3.) The petitioners herein are defendants 5 and 6 in O.S.No.362/2012 on the file of the Sub Court, Neyyattinkara. The said suit has been instituted by the 1st respondent herein praying for a decree to declare the hire purchase agreement as void and to set aside sale certificate dated 22.2.2001 and allow the plaintiff to recover possession of the plaint schedule property from defendants 5 and 6. Official respondents 2 to 5 herein are defendants 1 to 4 in the said suit. It is the case of the petitioners that all the previous attempts of the plaintiff/R-1 herein to exhaust all his available remedies have been met with failure and thereafter the plaintiff allegedly suppressed the material facts with regard to the earlier litigations and has filed the instant suit. That the petitioners herein, who are defendants 5 and 6 in the suit contended that the suit is not maintainable and have highlighted the various litigations instituted by the 1st respondent, which was considered by various forums and even dismissed as against the present plaintiff/R-1 herein. That the present O.S.No.362/2012 has been instituted as early as on 25.10.2012 and that the same has not been disposed of inspite of lapse of last more than 5 1/2 long years. That the non-disposal of the suit and its pendency is causing grave and irreparable loss as the petitioners cannot put to use the property for any commercial purpose, it is averred. As a result of this, the petitioners have been put to great financial constraints apart from mental agony to which they are met to suffer on account of the multitudes of litigations one after another foisted by the 1st respondent, it is averred. It is further alleged that the suit is false and frivolous and ill-motivated and meant to harass and vex the petitioners herein and any further delay in disposing the suit detrimentally would not benefit the respondents or the petitioners. It is in the facts and circumstances of this case, the petitioner has instituted the present Original Petition with the aforementioned prayer.